RELEASE OF LIABILITY & WAIVER
PLEASE READ - This affects your legal rights
NOTICE TO CUSTOMER: You are entitled to a copy of this contract.
In exchange for participation in the sport, self-defense, grappling, defensive-tactics, and the martial art of jiu jitsu (the “Activity”) organized by SENZO Jiu-Jitsu Academy (the “Academy”) AND for the use of the property, facilities, equipment, and services of the Academy, I agree for myself (the “Participant”) AND , if applicable, for the members of my family, to the following:
AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the instructors, teachers, principals, or the employees, representatives or agents of the Academy, while participating in the Activity and/or while using the property, facilities, equipment, and services of the Academy.
ASSUMPTION OF THE RISKS OF THE ACTIVITY AND RELEASE. I am voluntarily participating in the Activity and recognize that there are certain inherent risks associated with the Activity. Such risks include, but are not limited to, serious physical injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence. Nonetheless, I assume all related risks of my participation in this Activity. Therefore, I waive any claim against the Academy, its officers, directors, instructors and agents arising directly or indirectly from any injury suffered by me at the center or during any sponsored event while engaging in the Activity.
ASSUMPTION OF THE RISKS OF THE USE OF THE FACILITIES AND EQUIPMENT OR PRESENCE UPON THE PROPERTY AND RELEASE. I understand that all reasonable precautions are taken to provide a safe environment and properly working equipment; however, I recognize that there are risks, such as the risks described in Paragraph 2 supra of this Agreement, associated with the use of the facilities and equipment. Nonetheless, I assume all related risks, both known or unknown to me of my use of the facilities and equipment. Therefore, I, waive any claim against the Academy, its officers, directors, instructors, and agents arising directly or indirectly from any injury suffered by me associated with the use of the facilities and equipment.
MEDICAL EXPENSES. I consent to receive medical treatment which may be deemed necessary in the event of any illness, accident or injury or medical emergency resulting from or in connection with my participation in the Activity, and understand that I am solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation.
INDEMNIFICATION. I agree to hold harmless, indemnify, and defend the Academy against all claims, causes of actions, damages, judgements, costs or expenses, including attorney fees, and other litigation costs, which may in any way arise from my or my family’s use of property, equipment, facilities and services of the Academy, or from the presence upon the facilities of the Academy.
FEES. I agree to pay for all damages to the property, facilities, and equipment of the Academy caused by any negligent, reckless, or willful actions by me or my family.
APPLICABLE LAW. I agree that any legal or equitable claim that may arise from participation in the above shall be resolved under South Carolina law.
NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement, if I so desire.
NO AMBIGUITY. I agree that this agreement is clear and unambiguous as to its terms, and that no parol or other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language within its four corners in accordance with the purposes for which it is entered into.
ENFORCEABILITY. I understand that the invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
DISPUTE RESOLUTION. The Academy and the Participant will make a good faith attempt to resolve any and all claims and disputes arising out of or relating to this Agreement through friendly negotiation. If the dispute cannot be settled through negotiation, the Academy and the Participant agree to discuss first try in good faith to settle the dispute by private the use of mediation or fee mediation provided by local bar association programs before resorting to arbitration, litigation, or any other dispute resolution procedure. The cost of such mediation shall be borne equally by the parties, unless otherwise stipulated in a settlement agreement between the parties. If those attempts at mediation fail, any controversy regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, without limitation, claims for breach of contract, negligence, breach of fiduciary duty, misrepresentation, and/or costs charged under this Agreement shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one person or agree upon a 3- person panel to hear and determine the dispute. The arbitration shall be conducted pursuant to the provider’s rules. If the parties cannot agree, then a Court of Greenville County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. The Academy and the Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with law. The cost of the arbitration, excluding legal fees and costs, shall be borne by the losing party or in such proportion as the arbitrator shall decide.The parties shall bear their own legal fees and costs for all claims, or contract claims, or tort claims. The sole and exclusive venue for the arbitration and or any legal dispute, shall be Greenville County, South Carolina. By signing below, the Academy and Participant confirm that they have read and understand this Paragraph, and voluntarily agree to binding arbitration. In doing so, the Academy and the Participant voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. The Participant is advised that he or she has the right to have an independent lawyer of Client’s choice review these arbitration provisions, and this entire agreement as stated in supra Paragraph 8.
I am 18 years or older. I have read this document and understand all of the terms of this agreement. I further acknowledge that by signing and accepting this release, I voluntarily surrender certain legal rights. No other representations concerning the legal effect of this document have been made to me.
Name of Participant
PHOTO/MEDIA RELEASE FORM
I,
herby consent and authorize Senzo Jiu-Jitsu Academy (the“Academy”) to use my likeness in any photograph, video or other digital media ("Photos") in any and all of its publications, social media, including print or web-based publications. I irrevocably authorize the Academy to copy, edit, enhance, crop, or otherwise alter any Photo for use in their publications. I also waive any rights for approval or inspection of Photos. I understand and agree that all Photos are the property of the Academy and will not be returned to me. I acknowledge that I am not entitled to any compensation or royalties with respect to the use of the Photos.
I agree to the release and forever discharge the Academy and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and anyone claiming through them, in their individual and/or corporate capacities from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature or kind, known or unknown, which I, and anyone claiming on behalf of me, may have or claim to have against Releasee in connection with this Release.
I have carefully read and fully understand all the provisions of this Photo Release Form and am freely, knowingly and voluntarily signing.